2009 Kansas Code
Chapter 46 LEGISLATURE
Article 38 JOINT COMMITTEE ON PAROLE BOARD OVERSIGHT
46-3801. Joint committee on parole board oversight; membership; duties; availability of documents; compensation; professional services.

46-3801

Chapter 46.--LEGISLATURE Article 38.--JOINT COMMITTEE ON PAROLE BOARD OVERSIGHT

      46-3801.   Joint committee on parole board oversight; membership; duties; availability of documents; compensation; professional services. (a) There is hereby created the joint committee on parole board oversight within the legislative branch of state government.

      (b)   The joint committee shall be composed of six members as follows: the chairperson and the ranking minority member of the standing senate committee on judiciary; the chairperson and the ranking minority member of the standing house committee on corrections and juvenile justice; one member appointed by the chairperson of the standing senate committee on judiciary; and one member appointed by the chairperson of the standing house committee on corrections and juvenile justice. The chairperson of the standing house committee on corrections and juvenile justice shall be the chairperson of the joint committee.

      (c)   Documents, records and reports from the parole board concerning factors and rationale used to determine the granting or denial of parole, as specified in subsection (d), shall be available to members of the joint committee, when carrying out such committee's official functions in accordance with K.S.A. 75-4319, and amendments thereto, in a closed or executive meeting. Documents, records and reports received by the joint committee are confidential and shall not be further disclosed. Such documents, records and reports received shall have information redacted which identifies any person or location, including, but not limited to, a city or county, except this provision shall not apply to the name of the inmate whose records are being reviewed. Such documents, records and reports received shall not be subject to K.S.A. 45-221, and amendments thereto. All copies of such documents, records and reports shall be returned to the parole board prior to the open meeting resuming. Unauthorized disclosure may subject such member to discipline or censure from the house of representatives or senate.

      (d) (1)   The parole board shall provide documents, records and reports to the joint committee related to the following:

      (A)   15 parole board cases, selected by the secretary of corrections, involving inmates with sentencing dates prior to July 1, 1993, where the person was sentenced to prison for a crime committed prior to July 1, 1993, the person was not eligible for retroactive application of the sentencing guidelines pursuant to K.S.A. 21-4724, and amendments thereto, and the person is still incarcerated; and

      (B)   15 parole board cases, selected by the secretary of corrections, involving inmates with sentencing dates prior to July 1, 1993, where the person was sentenced to prison for a crime committed on or after July 1, 1993, while on probation, parole, conditional release or in a community corrections program for a crime committed prior to July 1, 1993, the person was not eligible for retroactive application of the sentencing guidelines pursuant to K.S.A. 21-4724, and amendments thereto, and the person is still incarcerated.

      (2)   The parole board shall also provide to the joint committee a summary statement of the factors and rationale used to determine the granting or denial of parole in each such case and any correspondence received by the parole board relating to such grant or denial.

      (3)   The secretary of corrections shall select parole board cases representative of a variety of circumstances including, but not limited to: Inmates with different custody levels at the time of such inmates' parole hearings; inmates with different types of offenses or conduct that resulted in such inmates' incarceration; and inmates incarcerated in different state correctional facilities.

      (e)   The provisions of the acts contained in article 12 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto, applicable to special committees shall apply to the joint committee to the extent that the same do not conflict with the specific provisions of this section applicable to the joint committee.

      (f)   Members of the joint committee shall receive compensation, travel expenses and subsistence expenses as provided in K.S.A. 75-3212, and amendments thereto, when attending meetings of the joint committee.

      (g)   The staff of the office of revisor of statutes, the legislative research department and the division of legislative administrative services shall provide such assistance as may be requested by the joint committee and to the extent authorized by the legislative coordinating council.

      (h)   In accordance with K.S.A. 46-1204, and amendments thereto, the legislative coordinating council may provide for such professional services as may be requested by the joint committee.

      (i)   The joint committee shall prepare and submit a final report and recommendations to the legislature on or before January 1, 2010.

      (j)   The provisions of this section shall expire on January 1, 2010.

      History:   L. 2009, ch. 132, § 1; July 1.